flash news: #foreigners

18 June 2024
Increasing number of foreigners on the Polish labour market

According to the latest (published on 11 June 2024) information from Statistics Poland (GUS), more than one million foreigners (1,015,100) were working in Poland at the end of December 2023. Their share of the total number of people working in Poland was thus 6.6%. This means an increase of 4.2% in the number of foreigners working in Poland over the past year (comparing statistics from January and December 2023).

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5 June 2024
Allowing foreigners access to the Polish job market – legislative proposal

A proposal was posted on the website of the Government Legislation Centre on 23 May, 2024, for a bill of 15 May, 2024, on allowing foreigners access to the employment market. The bill simplifies and systematises the system of employment of foreigners in Poland, and is intended to streamline the procedure for legitimising employment, and eliminate abuse by employers of employees who are not Polish nationals.

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15 May 2024
Narrower scope of amendments to the Act on Foreigners

A new bill on amending the Act on Foreigners and certain other acts has appeared on the website of the Government Legislation Centre. The scope of the envisaged changes has been narrowed, focusing on regulations concerning treaty obligations resulting from Poland's membership in the European Union as well as those resulting from the case-law of the Court of Justice of the EU.

Other changes, which were included in the previous version of the draft amendment (e.g. concerning the digitization of proceedings on legalisation of residence in Poland), are to be regulated separately.

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8 April 2024
Bulgaria and Romania in the Schengen area

On 31 March 2024, Bulgaria and Romania were 'partially' accepted into the Schengen area.

Controls on persons at the internal air and sea borders of both countries have now been abolished. However, controls remain in place at land borders between Bulgaria, Romania and the other Schengen countries.

The next step of integration is expected to be a decision on the targeted abolition of controls also at land borders by the end of 2024.

28 March 2024
Another stage of work on amendment of the Foreigners Act

Information has appeared on the website of the Governmental Legislation Centre about positions on ongoing work on amendment of the Foreigners Act, as submitted in March this year by, among others, provincial governors and the Citizens' Rights Ombudsman. Already at this stage of work on the Act, there are divergent positions in individual opinions  concerning, inter alia, electronic form of the legalisation process (about which we wrote last week) or the elimination from a decision to grant a so-called EU Blue Card of elements such as the indication of the conditions of work or the employing entity.

Employer representatives note the need to provide entities entrusting work to foreigners with the power to monitor the status of pending proceedings, on which the Act in its current wording is silent.

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20 March 2024
Is the Digitalisation of the Residence Permit Procedure under Threat?

On 9 February 2024, a draft bill on amendments to the Act on Foreigners and certain other acts was published on the website of the Government Legislation Centre, which envisages revolutionary changes in the way applications for residence permits are submitted.

Among other things, the draft provides for the introduction of an obligation to submit the above-mentioned applications via an ICT system.

The first opinions of the provincial governors on the planned changes were made known at the beginning of last week. Most of them are negative – mainly because of the proposed change in the way applications are to be submitted.

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